In light of a jury verdict last week against Erie in a lawsuit brought by Aaron Harber, town officials are defending their decision to conduct an armed search for suspected code violations on the television host's property last summer.

Erie's search warrant, served Aug. 6, didn't sit well with the Boulder County jury that last week heard Harber's suit involving his development plans for a high-density, sustainable community. The six-member panel sided with Harber, awarding him $57,500 after finding that Erie had selectively enforced its municipal code in a retaliatory and punitive manner.

Harber described Erie's actions on his 328-acre land parcel last August as a "police raid." Town officials, however, said they acted appropriately and took the steps necessary to address serious health and safety concerns related to people living in "unsafe, unsanitary" conditions in outbuildings, stables and other structures on the land.

"These were code violations that needed to be addressed, and we'd address them in a similar fashion regardless of who the property owner was," said Fred Diehl, assistant to the town administrator. "These types of unsafe, unsanitary living conditions are more than unacceptable."

Harber said the town retaliated against him for wanting his property to be de-annexed.

"What the town did was a terrible mistake, and the jury clearly thought so, too," he said. "They were sending a message to the town (with the verdict) that what the town did was grossly inappropriate."

Officer safety

After the town annexed Harber's parcel in October 2013, officials said they received a complaint in February 2014 about potential code violations, including people living in unsafe structures, on a half-acre portion of the property visible from East County Line Road.

A 2013 rendering of Golden Run, Aaron Harber's planned development that became the subject of a lawsuit. (Courtesy image)

When Erie police and building department officials visited the property in July, they met a man who said he lived there in a building with no bathroom, no running water, no heat and no area for food preparation. The man told them he urinated and defecated outside, cooked with a hot plate and used a tub of water for bathing.

He told them that "his boss" did not allow police on the property, according to an incident report.

"The zoning violations that were occurring at the property were very flagrant," said Erie Mayor Tina Harris. "There were so many flagrant violations that affected people's health, safety and welfare that we had to execute a search warrant."

Cpl. Aaron Haddox and a slew of officials visited the property again to serve the warrant. Haddox wrote in an incident report that he observed violations including weeds ranging from 1 to 8 feet tall in various parts of the property, piles of trash and debris, large piles of manure, various electrical issues, many "unsightly" structures made of rotting wood and buildings not suitable for habitation.

While on the property, officers drew their handguns and cleared the interior of the buildings, according to Diehl.

He said the officers drew their weapons because they had information about the property that made them concerned for their safety.

Diehl said officers received a call about a sexual assault involving a juvenile that had occurred on the property before it was annexed into Erie. They also received information several years earlier that the Drug Enforcement Administration was watching the property and had instructed the Erie Police Department to watch for a semi-truck carrying narcotics.

"Officer safety is No. 1," Diehl said. "We want our officers going home every night to their families safe and sound. Officers had plenty of information to take the approach they did.

"The approach taken is similar to any other property owner in a similar situation."

'Disingenuous and dishonest'

Harber disagreed.

He said he was treated differently because of his tenuous relationship with the town.

He wondered why Erie police didn't ask him for access to the property and instead felt the need to get a judge's permission, while keeping him in the dark. He said he has always allowed officials onto the land.

"If you have a problem with a property, then you contact the property owner," he said.

In Boulder and Longmont, officials said search warrants for code violations are not uncommon but are typically used in cases involving suspected hoarders.

Harber added that he has never been aware of any kind of criminal activity on the property "or even a hint of it." He said he believes Erie's claims about the DEA and other criminal activities were "fabricated."

He said it was inappropriate for Erie police officers to draw their weapons while executing the search warrant.

"What they did was the most serious part of this case," he said. "You don't conduct a building inspection with drawn weapons."

In response to claims that he allowed tenants to live in unsafe an unsanitary conditions, Harber said one tenant lived in "his own mobile-home setup" with water, electricity and regular waste removal.

There were also people who maintained stables on the property but weren't allowed to live there. He said one man spent eight to 10 hours a day at the property but told Harber he went to a nearby gas station to use the restroom.

"Our understanding was they were doing everything correctly," he said.

Harber said after the town notified him of the violations, he paid a contractor to tear down many of the structures, adding that all of the tenants have left the property. He said he doubts Erie officials had real concerns about the safety of the tenants because they didn't issue him any citations or tickets, or check back in with the tenants after serving the search warrant.

"They started building this case in February," he said. "It's completely disingenuous and dishonest to say they felt there were serious violations related to health and safety because if that were true they would not have waited half a year before taking any action. Clearly, this was being done for political reasons and because of our request to disconnect."

'Unacceptable'

Asked why Erie police didn't ask Harber for access to his property, Diehl said there was no reason for them to contact the property owner.

"My question is — why would they?" he said. "I keep asking the question why would they want to contact Mr. Harber? Why would they want to contact the property owner? What difference would it make, and could it have, in fact, hindered their investigation?"

He added that before the property was annexed into Erie, Boulder County officials had been working "unsuccessfully" with Harber for several years to achieve compliance. Harber said he was cooperating with the county on a compliance plan.

After executing the search warrant, Diehl said officers notified Harber and asked him to address the issues on the property.

When officers returned in April, eight months later, they noticed some violations that Harber hadn't addressed, as well as a new violation.

Despite this, Erie has not issued a citation or ticket to Harber or made any arrests in connection with the code violations, according to Diehl.

That's because Erie prefers to achieve compliance through cooperation, Diehl said, rather than hand down sanctions.

"Our (modus operandi) is we continue to work with property owners to help them mitigate the issue," he said.

Diehl said Erie's primary responsibility was ensuring the safety of the people who were reportedly living on the property.

"At the end of the day, whether it's this property or any property, it's unacceptable to have people living in those conditions," he said. "Last I checked, it's 2015 and we're in Boulder County, and people were living in structures unsuitable for habitation."

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